Dahlsten Truck Line, Inc et al v. T.J. Marquardt & Sons, Inc.

Filing 55

ORDER denying as moot 50 Marquart's Motion to Quash Subpoenas and for Entry of a Protective Order. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DAHLSTEN TRUCK LINE, INC. and GREAT WEST CASUALTY COMPANY, 8:14CV54 Plaintiffs, vs. ORDER T.J. MARQUART & SONS, INC., Defendant. This matter is before the court on the defendant’s, T.J. Marquart & Sons, Inc. (Marquart), Motion to Quash Subpoenas and for Entry of a Protective Order (Filing No. 50). Marquart seeks to prevent the plaintiffs from deposing three non-party witnesses before the court resolves Marquart’s summary judgment motion (Filing No. 24). See Filing No. 50 - Motion. On May 18, 2015, the court entered a Memorandum and Order granting, in part, Marquart’s summary judgment motion. See Filing No. 53 - Memorandum and Order. The court dismissed the plaintiffs’ breach of contract claim but determined Marquart did not show there are no genuine issues of material fact or that it was entitled to judgment as a matter of law on the plaintiffs’ Carmack Amendment claim. Id. Beyond contending the depositions should not occur until the court ruled on Marquart’s summary judgment motion, Marquart has not otherwise opposed the subpoenas. Accordingly, in light of the court’s ruling on the summary judgment motion, Marquart’s motion to quash is moot. IT IS ORDERED: Marquart’s Motion to Quash Subpoenas and for Entry of a Protective Order (Filing No. 50) is denied as moot. Dated this 1st day of June, 2015. BY THE COURT: s/ Thomas D. Thalken United States Magistrate Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?